SAURABH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks anticipatory bail in case e-FIR 80013271/2025 of PS Okhla Industrial Area, Delhi for offence under Sec. 303(2) BNS.

(2.) Broadly speaking, the allegation against the accused/applicant is that he pick-pocketed mobile phone of the complainant de facto and illegally withdrew money. As per prosecution, by the time status report came to be filed before the Court of Sessions, the IO had unearthed unauthorized transactions to the tune of Rs.1,20,565.00 across bank accounts of the accused/applicant. The investigation in the present case is being carried out by way of technical and electronic surveillance to ascertain if there are more victims, similar to the present complainant de facto.

(3.) Learned counsel for accused/applicant contends that there is no clarity in the investigation, because the Wi-Fi connection allegedly used is registered in the name of mother of the accused/applicant and not in the name of the accused/applicant, who is a student of law. It is also contended that out of two more cases of mobile phone theft, the accused/applicant stands acquitted in one. It is contended that during the period from 1/2/2025 (when the mobile phone was allegedly stolen) to 4/2/2025 (when the e-FIR was lodged), there was no loss of money from the bank accounts of the accused/applicant.